Sedition Law To Be Repealed, Replaced With Stronger Provisions in Bhartiya Nyaya Sanhita Bill 2023

Amit Shah, Union Home Minister introduced three major bills in the Lok Sabha on Friday which was included Bhartiya Nyaya Sanhita Bill 2023. Which provision of the Bill has repealed the Sedition Law in India and what is the difference between the old and the new law, find out.

New Delhi: The Home Minister tabled three bills in the Lower House of the Parliament, which include the Bhartiya Nyaya Sanhita Bill 2023. If this bill gets approved by both Houses of the Parliament, it will replace the Indian Penal Code, 1860 and thus the existing sedition law under Section 124A of the IPC will stand repealed.

While presenting, Amit Shah had mentioned that one of the most important and prominent changes is Section 150 of the Bhartiya Nyaya Sanhita Bill 2023. This provision is supposed to be a replacement to the existing Sedition Law and even though this word has been removed from the provision, the law still exists and is expected to be stricter and more rigid. Let us look at the provision of the BNS Bill that mentions the Sedition Law and understand how it is different from the existing law…

Section 150 Of The Bhartiya Nyaya Sanhita Bill 2023

Section 150 of the Bhartiya Nyaya Sanhita Bill 2023 details provisions that hamper or endanger the unity, integrity and sovereignty of the country. This section states- “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.”

To explain this, it is stated: “Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section.”

Under this new provision, Mob Lynching will also be punishable for seven years of imprisonment that may be extended to imprisonment for life, or death penalty.

Section 124A Of The Indian Penal Code 1860

Section 124A of the Indian Penal Code currently provides for the punishment against Sedition. According to this section- “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”

This provision can be explained in the following manner- if a person strongly expresses dissatisfaction and disapproval which has an underlying feeling of disloyalty and enmity, it shall be punishable under this law.

Another important aspect is that this existing sedition law also specifies that comments of disapproval towards the actions of the government that do not excite or attempt to excite hatred or enmity, shall not be considered as an offence under this section.

This bill has been a point of discussion ever since it was tabled. Along with the BNS Bill 2023, two other bills have been introduced; the Bhartiya Nagrik Suraksha Sanhita Bill 2023 is being introduced in place of the Code of Criminal Procedure 1973 and The Bhartiya Sakshya Bill might take the place of the Indian Evidence Act, 1872.